The Ninth Circuit Court of Appeals is considering whether California’s longstanding ban on switchblade knives violates the Second Amendment, in a case that could expand constitutional protections beyond firearms.
The lawsuit, Knife Rights, Inc. v. Bonta, challenges California Penal Code sections that prohibit the possession, sale, or transfer of automatic knives with blades two inches or longer.
The plaintiffs, including Knife Rights, Inc. and individual knife owners, argue that the restrictions are unconstitutional under the Supreme Court’s 2022 New York State Rifle & Pistol Association v. Bruen decision.
The case was first filed in March 2023 in the US District Court for the Southern District of California. In August 2024, the district court ruled against the plaintiffs, holding that switchblades are not “arms” under the Second Amendment because they are not commonly used for self-defense and may be considered “dangerous and unusual.” The plaintiffs appealed, arguing the decision misapplied precedent.
In their 2025 brief before the Ninth Circuit, the plaintiffs contended that the district court wrongly imposed a self-defense requirement for Second Amendment protection and failed to recognize that switchblades function much like common folding knives. They also emphasized that switchblade bans originated in the 1950s, well outside the relevant constitutional framing period examined under Bruen.
The Ninth Circuit has now asked for amicus briefs to address two central questions: whether switchblades are “in common use” by law-abiding citizens for lawful purposes, and whether they should be considered “dangerous and unusual.” Legal experts note that these standards, derived from the Supreme Court’s District of Columbia v. Heller ruling, have been pivotal in shaping modern Second Amendment jurisprudence.
The court has also appointed high-profile amici to provide opposing perspectives. Erin Murphy, an appellate attorney with experience in Bruen, has been asked to weigh in, while a lawyer affiliated with Everytown for Gun Safety will present arguments supporting California’s position banning switchblades.
The outcome of the case could clarify whether the Second Amendment extends to non-firearm weapons and determine how strictly states must adhere to the historical tradition test outlined in Bruen. The litigation is a potential precedent-setter for future challenges to state restrictions on knives and other arms.
“……..switchblades are not “arms” under the Second Amendment because they are not commonly used for self-defense and may be considered “dangerous and unusual.”………”
Well, that’s a pretty special type of stupidity. Edged weapons have been “used for self defense” since long before Neanderthals went extinct, and you’d better consider them “dangerous”, because that’s why they’re used as weapons. The fact that they’re spring opening is irrelevant to anything.
Yes. Thanks for the simple logic of your comment.
I remember years ago someone saying that switchblades were illegal in Anchorage. Of course, that was the same as telling me to get one and I did.
The fools that support bans on automatic knives are stuck in1950s Hollywood where guys with slicked back hair and leather jackets danced and play-fought using them
A knife can certainly be an arm as defined in the Second Amendment. The California law is unconstitutional.
Maybe swords will make a comeback?
Maybe, but machetes never went out of style, use, or martial utility. And I’ve always preferred machetes with hand guards like a cutlass.
They’re simply a tool that make one handed opening possible. Californians are afraid of everything and insist the government protect them from said everything.
So… West Side Story shows “gangs” fighting with automatic knives (switchblades) and a bunch of scaredy cats choose to ban them. Yes, people, no one cared about switchblades until that movie came out.
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Restrictions on any arm, whether it be a blunt object, or a full auto machine gun, are nothing more than “You as a law abiding and responsible individual are to be forbidden to own a product because someone you have never met might use a similar object in a criminal manner.”
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And… where is this “test” coming from:
“…are not “arms” under the Second Amendment because they are not commonly used for self-defense and may be considered “dangerous and unusual.””
I may have missed it, but neither Heller, McDonald, or Bruen stated it must be used for self defense. When the SCOTUS decision says “…such as self-defense.” it is providing one example, not the only possible use. Pretending the operative term is “self-defense” and not “common use.” is distorting the SCOTUS Heller decision.
“……..And… where is this “test” coming from:
“…are not “arms” under the Second Amendment because they are not commonly used for self-defense and may be considered “dangerous and unusual.””
I may have missed it, but neither Heller, McDonald, or Bruen stated it must be used for self defense………”
It’s a mirror qualification like short barreled shotguns being a militia arm, commonly used for military use, in the 1939 US v Miller decision. The M1917, having an 18″ barrel, then became the allowable shotgun barrel length for legal civilian use. Even though special forces uses shorter barrels today, that limit still applies, and possession of a shorter barrel requires a Class 1 license.
Interestingly, a bayonet (of many various lengths) is a commonly used military edged weapon, and since it does not “open” in any way, would be much more dangerous than an opening knife, whether by spring loaded switch or another method. Mount a 16″ M1905 bayonet on an 18″ barreled shotgun, and you’ve got a very dangerous weapon………….and all legal. it would even scare a guy who has a switchblade.
In short, the decision is simply silly, and if somebody wanted to make lawyers rich, could take this up to SCOTUS and (if SCOTUS was of mind to do so) likely get it thrown out. But who is dumb. enough to pay lawyers to do that?
Anyone who uses a knife for defense or simply as an everyday tool can attest to the utility of one-handed ops ing when you only have two hands and the other one is busy. Besides, an auto knife is not much faster than a thumb hole blade opener. But that point is moot too (pardon the pun). We’re either a free people or we’re not.
Fishing became so much easier when I got my first automatic knife.
Of course knives are protected under the Second Amendment. 2A does not specify what type of arms, leaving it wide open. I know of no dramatic increase in crime that can be attributed to Alaska’s removal of the switchblade ban.
There is a reason why the term “arms” is used, not guns, not muskets, not swords… arms. James Madison was not stupid. He knew that weapons will evolve, change, and often, stay the same. Ergo, that word.
“The litigation is a potential precedent-setter for future challenges to state restrictions on knives and other arms.”
Not really, Kniferights.org has gotten switchblade and other knife bans removed from most of the States over the past 20 years or so. They were largely responsible for the removal of knives from Alaska statute about a decade or more ago.
As with gun control, California is one of the few laggard outliers on knife infringements. Bitter clingers, one might call them.
I’m sure the Ukraine’s will be relieved to know that one of their own was not murdered on a train by a switchblade… ***
If the spring loaded knives remain banned in California (and potentially other States), then they may decide to ban your filet knives, hunting knives, pocket knives, leatherman type tools and anything equipped with blades 2″ or longer. All in the name of public safety.
Just look at the gun free paradise of the UK. No guns means no crime according to the leftists. And, when that proves wrong, now knives are verboten.
It’ll be all plastic Sporks now
100% Reggie. I find most knives to be a potential danger. As is a screw driver none more than the other. I guess we could out law hammers and axes too. How about outlawing vehicles they are extremely dangerous, in fact I’ll wager there are more people killed by reckless drivers than there are sharp edge tool deaths.
“…….I find most knives to be a potential danger………”
Every time I get a caribou, moose, or bear down, I wince as I pull out the knives. I have a long record of ending up just a bit less cut up than my prey.
Knives are incredibly dangerous. I’m glad I don’t have to carry one for self defense. Thanks, Sam Colt………..
I learned early on how to open my knife with a single hand.
When working, it is a great thing to know as you don’t have a spare hand to manage the knife.
I know working guys who carry a switchblade for that purpose alone.
They certainly are easier to manage.